Sport Injuries

What are some of these “exceptions” to the assumption of risk? One is willful or malicious conduct on the part of the defendant. So, if things get heated during a pickup basketball game and someone throws a punch that ends up breaking another player’s nose, the puncher will not be able to assert an assumption of risk defense. This principle holds true whether the incident occurred in a park or an organized facility, making a sports injury lawyer Hamburg NY essential for review.

Another exception arises when negligent conduct augments or “magnifies” the risk. For example, the owners of sporting fields (soccer/football/etc.) are required to maintain certain standards of safety by regularly inspecting and repairing the playing surface. But even on a pristine football field, there is always the chance that a player will twist an ankle or a knee. If your injury involves faulty gear, a defective product lawyer Buffalo NY may be needed in addition to a traditional personal injury attorney. It is important to remember that pursuing compensation for these claims can include significant amounts for pain and suffering compensation in car accident claims, a parallel concept applicable to sports injury lawsuits where the injury leads to long-term distress and reduced quality of life.

However, let’s say that the owner of an artificial turf field doesn’t perform reasonable maintenance, and is therefore unaware that there is a large tear in the artificial surface. This scenario, common in premises liability, may require an experienced Western New York ankle injury attorney for successful resolution. Then, during a soccer game on the said field, a player trips because of the tear and severely injures her knee. The negligence of the field owner produced a risk that was outside the scope of those assumed by the player when she/he stepped on the field. Therefore, the owner should not be able to assert the defense. If this injury occurred while on a recreational outing, it might also involve the expertise of a Western New York vacation accident attorney.

For those in the area seeking counsel on premises liability in recreation, a qualified sports injury lawyer Hamburg NY is ready to assess the case. This type of claim requires proving the owner’s negligence increased the risk beyond what is normal for the sport, which is a nuanced legal undertaking best handled by a seasoned Western New York ankle injury attorney. Ultimately, whether your case involves poorly maintained equipment or field surfaces, seeking out a proactive sports injury lawyer Hamburg NY is crucial to protecting your right to recovery, especially when dealing with severe injuries that could have been prevented. We recommend consulting with a knowledgeable Western New York ankle injury attorney promptly to review the facts.

Organized leagues or associations (e.g. high school sports, “rec” leagues, etc.) normally require participants to sign release forms indemnifying the owner from liability for injuries. Again, however, these release forms are not necessarily impenetrable. If the plaintiff can show negligent or willful conduct on the part of the defendant, it may be possible to “pierce” the release.

Green v. City of New York, et al. (N.Y. Sup. 2001) – The Plaintiff, a 27-year-old elementary school teacher, attempted to take a jump shot in a portion of the school’s cafeteria that was used for informal basketball games during non-lunch hours. He slipped and fell, resulting in a severe knee injury that required surgery. He contended that Defendant school board was negligent in failing to change (temporarily or permanently), the flooring in that portion of the cafeteria where it had erected four permanently-installed basketball hoops for student and faculty use. The jury returned a $2,597,000 gross verdict, but found that Plaintiff and Defendant were each 50% liable. Therefore, Plaintiff netted approximately $1,298,500 for his injuries.

Guerrido-Garcia v. American Golf Corporation (N.Y. Sup. 2000) – 21-year-old Plaintiff suffered a fractured toe after she fell while playing miniature golf at Defendant’s entertainment center. She contended that Defendant negligently allowed a torn and ripped portion of artificial turf to exist on its course, failed to sufficiently light the area, and failed to warn or caution guests of the danger. A jury awarded her $69,500.

E.T.A. Pro Ami Angrand v. Longwood Central School District (N.Y. Sup. 2015) – A 7th grade female student of Defendant school district suffered a severe crush injury that ultimately required amputation of the tip of her right ring finger. The incident occurred while she was using a leg press machine during gym class. Plaintiff, through her mother and natural guardian, contended that the school district negligently maintained the weight room and negligently instructed/supervised the class. The case settled prior to trial for $50,000.